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Dual Citizenship Position Paper The Non-Resident Nepali Association (NRNA) was organized in October 2003 during the First Global Conference of Non-resident Nepalis in Kathmandu. It represents a global network of NRN National Coordination Councils, which are now 56, and other Nepali associations and organizations in various parts of the world. NRNA's objectives are to promote and protect the interests of NRNs in Nepal and abroad; foster coordination and co-operation among NRN communities worldwide; strengthen international support for Nepal and its people, products and services, trade and industry; NON-RESIDENT NEPALI ASSOCIATION attract and facilitate direct investments, financial and otherwise, in Nepal by NRNs and others for her development. With its motto of "for Nepali by Nepali," NRNA has u/cfjf;Lo} gkfnL] ;3+ completed, initiated or planned a number of charitable projects in Nepal. It is headquartered in Kathmandu, where it maintains its secretariat with local staff. NRNA organizes a Global Conference of NRNs every two years in Nepal and a Regional NRN Conference every alternate year at a different location. The Fourth Regional Conference is taking place in May 2010 in Houston, Texaz, USA, while the Fifth Global Conference is scheduled for October 2011. u/cfjf;Lo} gkfnL] ;:yf+ -Pgcf/PgP_ cflZjg @)^) ;fndf sf7df8fdf+} kyd| u/cfjf;Lo} gkfnL] ljZj ;Ddngsf] ] cj;/df :yflkt ePsf ] xf ] . o;n ] ljZje/L 5l/Psf xfn %^ j6f u/cfjf;Lo} /fli6o« ;dGjo kl/ifbx?\ -lkml/:t of ] kftfsf ] leqkl§ xg] ;{' _\ Pj + cGo ljleGg gkfnL] ;3;+ :yfx?sf+ ] ;hfnsf+ ] kltlglwTj| u5 { . Pgcf/PgPsf p2Zox?] xg' M\ gkfndf] tyf ljbzdf] u/cfjf;Lo} gkfnLx?sf] ] xslxtsf ] ;/If0f+ Pj + kj4| g{ ug{;' ;;f/el/+ 5l/Psf gkfnL] ;dbfox?aLr' lgs6 ;xofu] / ;dGjo sfod ug;'{ gkfn,] gkfnL] hgtf, gkfnL] pTkfbg, ;jf,] pBfusf] nflu cGt/fli6{ o« ;xofu–;dy] gnfO{ { alnof ] agfpg'; gkfnsf] ] ljsf;sf nflu u/cfj;Lo} gkfnL] Pj + cGo ;f| tx?af6] gkfnsf] ] ljsf;sf nflu cflys{ Pj + cGo nufgLx? cfslift{ Pj + pknAw u/fpg ' . of ] ;:yfsf+ ] cfbzjfSo{ ægkfnLsf] ] nflu gkfnLåf/fÆ] xf ] / o;n ] gkfndf] ljleGg k/fksf/L] kl/ofhgfx?] sfofGjog{ ul/;ssf] ] 5 / ub5{} . o;sf ] :yfgLo sdrf/Lx?{ ;lxtsf ] dVo' sfofno{ sf7df8fdf+} 5 . of ] ;:yfn+ ] kTo| s] bO' { jifdf{ gkfndf] u/cfjf;Lo} gkfnLx?sf] ] ljZj ;Ddng] / kTo| s] csf {] jifdf{ ljleGg :yfgdf IfqLo] ;Ddngsf] ] cfofhgf] u5 { . rfyf} ] IfqLo ;Ddng] hi7] @)^& df ;o+ Qm' /fHo cdl/sfsf] ] xo\ i6g," 6S;f;df] / kfrf“ +} ljZj ;Ddng] cfufdL cflZjg @)^* df cfoflht] xg' 5] . DUAL CITIZENSHIP FOR NON-RESIDENT NEPALIS u/cfjf;Lo} gkfnLsf] nflu bfxf] /f] ] gful/stf Non-Resident Nepali Association (NRNA) Secretariat: FNCCI Building Shahid Shukra FNCCI Milan Marg POSITION PAPER Pachali, Teku cjwf/0ffkq PO Box 269, Kathmandu, Nepal Tel: (+977-1) 4215247/4262061 Fax: (+977-1) 4215247 APRIL 2010 E-mail: nrn.org.np Website: www.nrn.org.np rt} @)^^ NRNA TASK FORCE ON DUAL CITIZENSHIP (2009-11) CHAIR Mr. Ram Pratap Thapa Germany [email protected] VICE CHAIR Capt. (Retd.) Hit Man Gurung UK [email protected] MEMBERS Mr. Bhaban Bhatta Japan [email protected] Ms. Kiran Kumari Bhattarai Canada [email protected] Dr. Jugal Bhurtel Russia [email protected] Dr. Dev Kaji Dangol Qatar [email protected] Dr. Sharmila Gurung Hong Kong [email protected] Mr. Bhim B. Karki USA [email protected] Mr. Deepak Khadka Australia [email protected] Mr. Ram Babu Nepal The Netherlands [email protected] Ms. Kabita Nirola The Netherlands [email protected] ADVISORY PANEL This official NRNA Position Paper on dual citizenship was printed with voluntary financial Mr. Kul Chandra Gautam Nepal [email protected] contribution received from members of the NRNA Task Force on Dual Citizenship (TFDC). Ms. Kalpana Ghimire-Nourisson France [email protected] u/cfjf;Lo} gkfnL] ;wsf+ ] of ] cflwsfl/s cjwf/0ffkq ;f ] ;wsf+ ] bfxf] /f] ] gful/stf ;DaGwL sfobnsf{ Mr. Dev Man Hirachan Japan [email protected] ;b:ox?sf ] :jlR5s} ljQLo cgbfgaf6' 5flkPsf ] xf ] . Mr. Naresh Koirala Canada [email protected] Dr. Upendra Mahato Belarus [email protected] Bishwa Kant Mainali, Esq. Nepal [email protected] Prof. Surya Subedi UK [email protected] Copyright 2010 by Non-Resident Nepali Association (NRNA). All rights reserved. This document may only be reproduced in its entirety and distributed for informational or lobbying and advocacy purposes. Excerpts may only be used with appropriate attribution. Prepared by The NRNA Task Force on Dual Citizenship (TFDC) Published by Non-Resident Nepali Association (NRNA) Designed and Printed by Ultimate Marketing Pvt. Ltd., Kathmandu, Nepal Tel: +977-1-4385610/4352223 | Website: www.marketingultimate.com PREFACE The Non-Resident Nepali Association (NRNA) is a single common organization of Nepalis who are residing outside of Nepal. It is involved in safeguarding the interest of non-resident Nepalis everywhere and encouraging them to be involved in the socio-economic development of Nepal. The NRNA has been campaigning for dual citizenship provision for Nepali-origin people who have acquired the citizenship of a foreign country. For advancing the cause further and lobbying appropriate authorities in Nepal, the NRNA International Coordination Council has formed a Task Force on Dual Citizenship, which prepared this Position Paper after a careful study of the relevant Nepali laws and practices of other countries. NRNA has adopted and published this Position Paper as an official statement of its position as regards dual citizenship for NRNs. The Task Force is grateful to all the NRNA officers, advisors and staff, the NRN National Coordination Councils, Task Force advisors, legal experts and individual Nepalis and NRNs who provided inputs to this Position Paper. k:tfjgf| u/cfjf;Lo} gkfnL] ;3+ -Pgcf/\ Pg\ P_\ ljZje/L 5l/Psf gkfnLx?sf] ] Psdfq ;femf ;:yf+ xf ] . o; ;3n+ ] ;a } u/cfjf;Lo} gkfnLx?sf] ] xs–lxtsf ] ;/If0f+ ugsf'{ ;fy } u/cfjf;Lo} gkfnLx?nfO] { gkfnsf] ] cflys{ ;fdflhs ljsf;df ;xefuL xg' clekl/t]| ub {} cfPsf ] 5 . u/cfjf;Lo} gkfnL] ;3n+ ] gkfnL] dn" ePsf t/ kl5 ljbzL] dn' ssf' ] gful/stf lnPsf JolQmx?sf nflu bf]xf/f] ] gful/stfsf ] jsfnt ub }{ cfPsf ] 5 . bfxf] /f] ] gful/stfsf ] sfo{ cl3 a9fpg ;3sf+ ] cGt/fli6{ o« ;dGjo kl/ifbn ] bfxf] /f] ] gful/stf ;DaGwL sfobn{ u7g u/sf] ] 5 . sfobnn{ ] gkfnsf] ] sfgg" / ljZjsf ljleGg dn' ssf' ] krngsf| ] cWoog kZrft of] cjwf/0ffkq tof/ kf/]sf ] xf] . o;nfO { u/cfjf;Lo} g]kfnL ;wn+ ] bfxf] /f] ] gful/stf af/df] cfkmgf\ ] cflwsfl/s cjwf/0ffsf] ?kdf ux0f| ul/ ksflzt| u/sf] ] 5 . of ] cjwf/0ffkqsf] tof/Ldf ;xofu] ugx{' g' ] ;d:t u/cfjf;Lo} gkfnL] ;3sf+ clwstx?,[ ;Nnfxsf/x? Pj+ sdrf/Lx?,{ /fli6o« ;dGjo kl/ifbx?,\ sfobnsf{ ;Nnfxsf/x?, sfgg" ljzif1x?] tyf cGo gkfnL] Pj + u/cfjf;Lo} gkfnLx?] klt| sfobn{ st1[ 5 . NRNA Position Paper on Dual Citizenship 1 NON-RESIDENT NEPALI ASSOCIATION Position Paper on DUAL CITIZENSHIP FOR NON-RESIDENT NEPALIS* Context One of the principal goals of the Non-Resident Nepali Association (NRNA) has been to secure dual citizenship provision in Nepali laws for those Non-resident Nepalis (NRNs)1 who or whose spouse, mother or father, grandmother or grandfather, great grandmother or great grandfather held Nepali citizenship granted under the citizenship law of 2008 [1952 CE] or under the laws enacted thereafter and later acquired the citizenship of another country but wish to keep or acquire Nepali citizenship. NRNA remains firmly and unequivocally committed to the attainment of this important goal and believes in generally constructive, cooperative and collaborative approach toward achieving it. The current Citizenship Act of Nepal 2063 [2006 CE], Section 10(1), states: Any citizen of Nepal who voluntarily acquires the citizenship of any foreign country shall automatically lose the citizenship of Nepal.2 This provision, as well as the gender-based discrimination the Act prescribes in granting citizenship by descent (Sections 3(ii)), is inherently unfair and unjust and does not serve the interest of Nepal or the Nepali people in any way; it only imposes undue penalty and hardship on industrious, enterprising NRNs, who find it desirable or necessary to acquire foreign citizenship, and their children and grandchildren. It also proves to be an undeserved * Prepared by NRNA Task Force on Dual Citizenship (TFDC) with input and endorsement from NRNA National Coordination Councils (NCCs), NRNA International Coordination Councils (ICC), NRNA executives and a large number of other NRNs. To be available at http://www.nrn.org.np 1 As defined in the Gairaabaasiya Nepali Sambandhi Ain 2064 (Non-Resident Nepali-related Act 2064 [2007 CE]), available at http://www.nrn.org.np/downloads/nrn_act.pdf, NRN is a Nepali national, excluding Government of Nepal employees on assignment abroad and Nepali students studying in foreign educational institutions, who has been living in a country other than South Asian Association for Regional Cooperation (SAARC) members for at least two years. As defined in the Act, the term NRN also includes Foreign Nationals of Nepali Origin (FNNO). 2 Nepal Nagarikata Ain 2063 (Nepal Citizenship Act 2063 [2006 CE]). Available at http://www.nrn.org.np/downloads/citizenship_act.pdf (in Nepali) and http://www.nrn.org.np/downloads/citizenship_act_eng.pdf (English translation) 2 NRNA Position Paper on Dual Citizenship u/cfjf;Lo} gkfnL] ;3+ u/cfjf;Lo} gkfnLsf] nflu bfxf] /f] ] gful/stf ;DaGwL cjwf/0ffkq ;Gbe{ u/cfjf;Lo} gkfnL] ;3sf+ ] kd| v' nIfx? dWo ] gful/stf Pg] @))* / To;kl5 agsf] gkfnL] gful/stf Pg] cGtut{ gkfnsf] ] gful/stf ePsf t/ kl5 ljbzL] dn' ssf' ] gful/stf ux0f| u/sf] u/cfjf;Lo} gkfnLx?] cyjf lghsf klt kTgL, afa ' cfdf, afh ] ah,} 5f/f] 5f/L,] gflt gfltgL, kgflt kgfltgLsf nflu pgLx?n ] rfxdf] gkfnL] gful/stf sfod /flv /fVg jf kgM' lng ;Sg ] sfggL" Joj:yf ;lglZrt' ug '{ /xsf] ] 5 . of ] dxTjk0f" { nIf kflKt| ug { of ] ;3+ kltjWb| 5 / ljZjf; /fV5 ls of ] sfo { ;fdfGotof /rgfTds, ;xofufTds] Pj + ;xsfok{ 0f" { tj/n ] xg' ' k5 { .
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